Children's Special Educational Needs Quarter Event - November 2018

Children’s Quarter Event November 2018 Special Educational Needs & Disability Information, Advice and Support Service SENDIASS SEND & EHCPs

Assessment Threshold LA must decide within six weeks. • Section 36(8) LA must assess where: • (a)the child or young person has or may have special educational needs, and • (b)it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan. • NB: A LA policy applying a stricter test is not lawful.

EHCP Data • EHCPs and SSENs = 9247[Jan 2018] • 3.2% of CYP [England average 2.8%] • 4307 in Birmingham Special Schools • 580 in Resource Bases • 686 in Independent [459 in city, 227 out, (43 residential)] • 63 children with EHCP out of school at year end 17/18 • 111 children currently awaiting more specialist provision Pressure on SENAR is immense – 1200+ new Assessment requests a year

Is Birmingham that different? (1) The presentation and interpretation of statistics is something that should be done with care. Page 5 of the Draft Strategy stated “Birmingham……has the largest volume of children and young people with a Statement or EHCP of all the main cities in England – more than 2.5 times the next nearest which is Manchester”. The DfE statistical report at that time identified: - 7612 EHCP/SSENs for Birmingham in 2017, • 3214 for Manchester . This represented around 42% of the Birmingham number. If the pupil populations of the two cities are compared, • Birmingham has 267,347 in the 2-18 age group • Manchester has 108,870. This represents 40% of the Birmingham figure. The ratio of 2.5 times as many EHCPs in Birmingham is, therefore, statistically appropriate.

Is Birmingham that different? (2) SSENs and EHCPs in England: • 2014 237,111 • 2015 240,183 • 2016 256,315 • 2017 286,290 • 2018 319,819 This is an increase over 5 years of 82,708 and is a 34.9% increase SSENs and EHCPs in Birmingham: • 2014 7,259 • 2015 7,294 • 2016 7,427 • 2017 7,612 • 2018 9,023 This is an increase over 5 years of 1,764 and is a 24.3% increase

Explaining demand for EHCPs STRUCTURAL? High numbers moving into Birmingham from other LAs/countries? Expertise of Birmingham Children’s Hospital? LEGAL? EHCPs act as a ‘contract’ between parent/YP and school/college? EHCPs can ensure that appropriate provision be made? EHCPs give a wider choice of educational placements?

SENDIASS Workload A significant amount of the calls to our Helpline, and of the casework we undertake, involves meetings at schools, and Requests for Assessment. While the numbers of people who invoke the EHCP to complain about provision not being made are low, this does not apply to those without EHCPs. There are also concerns about the placement for pupils with SEND

Exclusion and Disadvantage? The Equality and Human Rights Commission recently published a Report entitled: This Report included a chapter on Education and focussed on exclusions and school placement. Is Britain Fairer? The state of equality and human rights 2018

Special Schools The EHRC stated that “the number of exclusions, along with the growing proportion of children being taught in special schools means that many are being denied the chance to make the most of their education.” David Isaac, the EHRC Chair, said that “isolating children from mainstream society is having a detrimental effect on other aspects of their lives.”

Naming a school in EHCP C & F Act 2014 s.39(4) Local Authority must name parents’ choice unless: • Unsuitable to the child’s age, ability, aptitude or SEN • Incompatible with the provision of: • efficient education of others; or • efficient use of resources C & F Act s33(2) & (3) A child with an EHC plan mustbe educated in a mainstream school unless: • Against the parents’ wishes • Incompatible with the provision of efficient education of others and no reasonable steps can be taken to prevent the incompatibility • [the same principle applies to YP over 16 who make the choices themselves]

Birmingham Special Schools In December 2008 there was a Strategy for SEN which highlighted the lack of ‘inclusion’ in the city. At that time there were 3186 special school places commissioned. In October 2018 we had 4237 special school places commissioned. Uffculme School [2008] 110 [2018] 191 Hamilton School [2008] 65 [2018] 122 [Under the Strategy, Uffculme was to reduce to 60 places and Hamilton was to be closed]

Ofsted Area SEND Inspection • Complete lack of strategic planning • Quality of the EHC Plans is variable • A great deal of parental dissatisfaction • Mainstream schools’ willingness and ability to meet the needs of pupils who have SEND is inconsistent • Too many pupils who have SEND are not in school • The local area cannot simply adapt what is already in place to improve provision and outcomes

Revisits to Local Areas after WSOA Announced November 2018 Ofsted and the Care Quality Commission (CQC) do not carry out monitoring inspections of a local area. The sole purpose of the re-visit is to determine whether the local area has made sufficient progress in addressing the areas of significant weakness detailed in the WSOA. Each re-visit will focus on the weaknesses that caused us to require the WSOA. However, if any other serious weaknesses are identified during the re-visit, we will refer to these in the re-visit letter. This information may be used when determining the timing of the local area’s next review under any new LA SEND framework.

SENDIASS Birmingham • The POD, 28 Oliver St, Nechells, Birmingham, B7 4NX • 0121 303 5004 • SENDIASS@birmingham.gov.uk • www.birmingham.gov.uk/sendiass

SEND Code of Practice 2.8 • When designing Information, Advice and Support Services, local authorities should take into account the following principles: - The information, advice and support should be impartial and provided at arm’s length from the local authority and CCGs - The information, advice and support offered should be free, accurate, confidential and in formats which are accessible and responsive to the needs of users - Local authorities should review and publish information annually about the effectiveness of the information, advice and support provided, including customer satisfaction

SEND Code of Practice 2.19 • To meet local needs, local authorities should provide the following forms of support through their Information, Advice and Support Service: Signposting children, young people and parents to alternative and additional sources of advice, information and support that may be available locally or nationally Individual casework and representation for those who need it, which should include: - support in attending meetings, contributing to assessments and reviews and participating in decisions about outcomes for the child or young person - directing children, young people, parents and those who support and work with them to additional support services where needed, including services provided by the voluntary sector. These services should include support relating to preparing for adulthood, including housing support, careers advice and employment support

IASS Network Quality Standards Commissioning, governance and management The IASS has its own identity and branding and is a dedicated and easily identifiable service. It is, and is seen to be, separate from other LA services and functions. - The IASS is located in premises separately from the LA SEN teams, and ideally not in the main LA or CCG premises - The IASS having a distinct service identity, logo, and style - The IASS has a delegated and ring fenced budget - The IASS has a separate phone line from any other LA service/function Service impartiality policy - Service confidentiality policy - A steering or management group

IASS Network Quality Standards Supporting individuals The IASS offers confidential support to service users. The IASS offers impartial support tailored to the individual (up to and including SEND Tribunal), which may include: • casework support • representation • an independent supporter • key working The IASS builds upon service users’ skills, knowledge and confidence to promote independence and self-advocacy.

Children's Special Educational Needs Quarter Event - November 2018